Terms of Use

By using the Fuel Up website YOU AGREE TO BE BOUND BY THESE TERMS OF USE. In addition, when using particular areas, features, and/or functions of the Fuel Up website, you shall be subject to any posted guidelines or rules applicable to such areas, features, and/or functions. The Privacy Policy, all guidelines, and rules posted on the Fuel Up website, and all disclaimers and terms and conditions that appear elsewhere throughout the Fuel Up website, are hereby incorporated by reference into these Terms of Use.

The terms, conditions, and notices under which the Fuel Up website, including, but not limited to, any and all related products and/or services, are offered may change at any time. You are responsible for regularly reviewing this Terms of Use and any additional terms and conditions posted to the Terms of Use and the Privacy Policy. Your continued use of the Fuel Up website, including, but not limited to, any and all related products and/or services, constitutes your agreement to all such terms, conditions, and notices.

FuelUP.org (the “Site”) was created by and is managed by Dairy Management, Inc. Your use of the Site is subject to the following Terms of Use. Please review these Terms of Use carefully. By accessing and using the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced in these Terms of Use.  We may change these Terms of Use from time to time; notice of changes will appear on this page, so check back often.  Any such changes will be prospective, never retroactive.   Dairy Management, Inc. reserves the right, in its sole discretion, to make changes to the Site at any time.

1. Children under Age 13. Children under age 13 must be supervised by a parent or legal guardian when using the Site, and by using the Site or allowing a child to use the Site each parent or guardian of a child under age 13 agrees to these Terms of Use, and also agrees to these Terms of Use on behalf of the child under age 13. We do not knowingly collect or solicit personally identifiable information (“PII”) from anyone under the age of 13, or knowingly allow such persons to send us information. If you are under age 13, do not send us any of your information, such as your name, address, telephone number, or email address. If you become aware that we have collected PII from a child under age 13 without parental consent, please immediately provide notice to us at the email address provided in Section 15 below.

2. Privacy. You are responsible for reviewing our Privacy Policy to understand our data collection, use, and disclosure practices.  The Privacy Policy also governs your use of the Site. 

3. Copyright Rights. The Site’s content is subject to copyrights owned by Dairy Management, Inc. and other individuals or entities, and such copyrights are protected by United States and international copyright laws. Any reproduction, retransmission or republication, of all or any part of the Site, is expressly prohibited unless Dairy Management, Inc. or the copyright owner of the content has expressly granted its consent prior to such reproduction, retransmission or republication.

4. Trademark and Service Mark Rights. Dairy Management, Inc.’s names, trademarks, service marks, and logos are protected from reproduction, imitation, dilution, and confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks, service marks, or logos of Dairy Management, Inc. or any third party is expressly prohibited. Nothing stated or implied in these Terms of Use or on the Site confers to you any license or right under any trademark, service mark, logo, or patent of Dairy Management, Inc. or any third party.

5. Links to Third-Party Sites. The Site may provide links to websites created and managed by entities other than Dairy Management, Inc. (“Third-Party Sites”). Dairy Management, Inc. does not control Third-Party Sites that the Site provides links to. Dairy Management, Inc. cannot monitor or otherwise evaluate such Third-Party Sites, and Dairy Management, Inc. is not responsible for any of the Third Party Sites’ contents, features, codes, underlying materials, terms of use or privacy policies. You are responsible for checking each Third Party Site’s terms and conditions of access and use, as well as each Third-Party Site’s privacy policies.  A link to a Third-Party Site does not constitute an endorsement or representation about the value, quality, or usefulness of anything found on the Third-Party Site.

6. Products and Services. Products and services offered, shown, or discussed on this Site, may be offered, shown, or discussed at the request of third-party suppliers.  Therefore, such products and services may be subject to disclaimers, license terms, and terms of use or sale that are in addition to, or distinct from, these Terms of Use. The accuracy of the colors depicted on this Site, such as colors of products, will depend upon your monitor. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate.

7. Obligations. You are required to comply with all applicable laws in connection with your use of the Site, as well as any further limitations that are set forth in any written or on-screen notice concerning the Site from Dairy Management, Inc. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful, or in any way attempt to interfere with the proper working of the Site. Dairy Management, Inc. reserves the right to terminate your ability to access the Site at any time without notice, in its sole discretion. Dairy Management, Inc. also reserves the right to (i) disclose any information that it, in good faith, believes must be disclosed in order to cooperate with police investigations or other legal proceedings or legal requirements, and (ii) edit, refuse to post, or remove any of the Site’s information or materials, in whole or in part.

8. License Granted. Dairy Management, Inc. does not claim ownership of any information or material you transmit, distribute, communicate, or store on, to, or through the Site. However, by using the Site, you grant Dairy Management, Inc. a world-wide, royalty free, perpetual, unlimited, and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display any information or material you transmit, distribute, communicate, or store on, to, or through the Site.

By transmitting, distributing, communicating, or storing any information or material on, to, or through the Site, you warrant and represent that you own or otherwise control all of the rights to such information or material, and that use of such information or material by Dairy Management, Inc. will not infringe upon or violate the rights of any third party. You may only transmit, distribute, communicate, or store information or material on, to, or through the Site that you created, or that you have the express permission to transmit, distribute, communicate, or store. This includes, but is not limited to, material that is copyrighted by other organizations or individuals.

9. Disclaimer of Representations and Warranties; Limitation of Liability.  The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy or completeness of this information. 


In no event will Dairy Management, Inc. or its affiliates, or any party involved in creating, producing, or delivering the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site, be liable in any manner whatsoever for any direct, indirect, incidental, consequential, special, or punitive damages arising out of (i) your access to, use of, or inability to use the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site, or (ii) any failure of performance, alteration, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure in connection with the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code.   You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection.

10. Choice of Law and Forum. These Terms of Use shall be governed by and construed in accordance with the laws of the Illinois, excluding its conflict of law rules. You and Dairy Management, Inc. expressly agree to submit to the exclusive jurisdiction and venue of the courts in the Illinois in all disputes arising out of or relating to the use of the Site.

11. Severability and Integration. These Terms of Use govern your use of the Site. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms of Use.

12. No Professional Advice. No information supplied on the Site and/or by any employee or agent of the Site or Dairy Management, Inc., whether by telephone, email, letter, facsimile, social media, or other form of communication, constitutes medical, legal, tax, accounting, or other professional advice. State laws and individual situations vary, and users of the Site are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

13. Termination. Dairy Management, Inc. may, in its sole discretion, terminate your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice to you and for any reason, including, but not limited to: (i) any access or use of the Site except as expressly provided in these Terms of Use, (ii) any violation of these Terms of Use or the laws, rules, and regulations applicable to the use of the Site, or the software and/or data files contained in, or accessed through, the Site, or (iii) tampering with or altering any of the software and/or data files contained in, or accessed through, the Site. 

14. Questions. If you have questions concerning these Terms of Use, and/or your use of the Site, please contact us at contactus@FuelUP.org. We welcome your feedback. You can also send us concerns or questions via regular mail at the following address: 

Dairy Management, Inc.
 attn: Mike Braden
 10255 W. Higgins Rd. Suite 900
 Rosemont, Illinois 60018-5616